Child Injury Lawyer Blog

By Jeremy Vishno, Attorney, and David Wolf, Attorney
Published by Child Injury Lawyer Network

A Masuk of Monroe, CT school bus, carrying its high caliber football team was struck by a pick-up truck that failed to yield the right of way. The collision caused serious injuries to the pick-up’s driver, but the players had no immediate complaints of injuries during on-scene evaluations. It remains to be seen as to whether the players, students at Masuk High School in Monroe, CT will feel the effects of that bus versus truck accident in the days to come, as is often the case in motor vehicle accidents. Many times, hours, days, and even weeks after an accident, the first real signs of injuries can rear their ugly heads. That is why it is critically important to have any child who was in an auto or school bus accident fully evaluated by a doctor or hospital personnel, and to pay attention to their complaints in the days and weeks after. This is true even if the accident seems to have minor damage to the vehicles involved. Cars are designed to absorb these impacts, while the human body is not.

There has been much discussion over the last several years about the lack of seat-belts on school buses. Query whether the costs of re-fitting our buses is outweighed by the added safety to our children riding them. The driver, of course, is always required to wear a seat-belt. Why then, are children left unrestrained?

By Steven Smith, Attorney and David Wolf, Attorney
Published by Child Injury Lawyer Network

Parents pay for and send their children to school to get an education. Most parents do not send their children to school to deal drugs or to hold up other students at gun point in the dorm room. At Hofstra University, students were recently arrested for drug dealing and weapons charges. Students held up another student at gun point and stole drugs out of the victim's room. This incident came to light when the "victim" reported the hold up to campus police. The victim was robbed at gun point by a realistic looking gun (a pellet gun). The student thieves took drugs, jewelry and cash and then escaped in a getaway car. The victim made a big mistake in reporting the crime as he was arrested for dealing pills, marijuana and cocaine out of his Hofstra University dorm room. Further investigation led to the arrest of the students using the pellet guns and their accomplices.

Parents, with children in college or about to send their children to college, should use this story as an educational took for their children. Don't sell or deal drugs in school. Don't use drugs. Don't point pellet guns or rob other students. You can read more about this story at Hofstra University Students Arrested on Drug and Weapons Charges - Drug Dealing Student Held Up by Pellet Guns in Dorm Room.

By Stephanie F. Brown, Attorney and David Wolf, Attorney
Published by Child Injury Lawyer Network

When a lawsuit is filed on behalf of a minor child in Georgia, any settlement of the lawsuit may require the approval of the Probate Court where the child resides. Georgia Code Section 29-3-3 controls the settlement of a minor’s claim. Under this statute, if the gross settlement is for less than $15,000.00, the child’s natural guardian may enter into the settlement without being appointed the child’s legal conservator and without Probate Court approval of the settlement.

When a proposed gross settlement is less than $15,000.00 after attorney’s fees and expenses of litigation are deducted, the natural guardian does not need to be appointed as legal conservator but does need to obtain Probate Court approval of the settlement.

In cases where the proposed gross settlement amount is more than $15,000.00, after attorney’s fees and expenses of litigation are deducted, the natural guardian must file a petition with the Probate Court to be appointed as legal conservator and must obtain approval of the settlement from the appropriate court. Determining the appropriate court for obtaining approval depends upon whether the claim is in suit or is being settled prior to filing a lawsuit. If there is no suit pending, the legal conservator must obtain Probate Court approval of the settlement. If there is a lawsuit pending, the legal conservator must obtain the approval of the trial court where the lawsuit was filed.

By Anthony Ferguson, Attorney and David Wolf, Attorney
Published by Child Injury Lawyer Network

According to a recent study published in the Journal of Clinical Oncology mistakes in medication given to cancer patients occurs all too frequently. The study found 22 errors among 117 visits (18.8% error rate) to a pediatric oncology clinic. The study found 90 errors among 1,262 visits (7.1% error rate) to three adult oncology clinics. Most errors involved incorrect doses of medication. Of the adult medication errors, 61% had the potential to cause injury and 12% in fact caused patient injury. Of the pediatric medication errors, 41% had the potential to cause injury and 18% did cause injury. You can read more about the study at Medication Errors Involving Pediatric Cancer Patients.

Medication errors are entirely preventable. If you or a family member have been harmed by a medication error, consider consulting a Child Injury Lawyer for advice on your rights and possible causes of action.

By Stephanie F. Brown, Attorney and David Wolf, Attorney
Published by Child Injury Lawyer Network

Often in personal injury cases involving children, the defendant will claim that the child was contributorily negligent and his recovery is barred or must be reduced. In Georgia, children must exercise such care as his mental and physical capacities allow him to exercise in the actual circumstances of the occasion.

The Georgia Supreme Court has held that children age six and under are not capable of contributory negligence. With regard to children between the ages of seven and fourteen, however, the question of whether the child was contributorily negligent is for the jury to decide. The child’s ability to be contributorily negligent when he is between the ages of seven and fourteen will depend on the particular child’s mental and physical capacity. Children over the age of fourteen, however, are presumed to be capable of realizing danger and of exercising the necessary caution to avoid danger. Children over fourteen, therefore, must exercise the same degree of care as an adult.

A Georgia personal injury attorney specializing in injuries to children can advise you about how your child’s conduct might bar or reduce any recovery received for his injuries.

By Jay Foster, Attorney and David Wolf, Attorney
Published by Child Injury Lawyer Network

A 40 year-old Saucier, Mississippi man was arrested on multiple child molestation charges. He is a plumber and was initially arrested on March 18, 2009. According to reports, he molested a 9-year-old and an 8-year-old child. Molestation can happen any where at any time. Unfortunately, we cannot be around our children 24 hours a day. We hope Mississippians continue to strive to prevent these unfortunate incidents and traumatic incidents of abuse from taking place. In this case, a plumber by trade has been accused and arrested for child molestation. In other cases, it can be just about anybody else who preys, abuses, and neglects children. You can read more about the man arrested for child molestation at Saucier Mississippi Man Arrested on Child Molestation Charges.

By Steven Smith, Attorney and David Wolf, Attorney
Published by Child Injury Lawyer Network

Elizabeth Durante of West Islip New York was a young and caring college student. Recently she and other fellow students were driving from New York to Massachusetts, on their way to a humanitarian project in Uganda. A 24 year old Connecticut resident was driving under the influence when he operated his vehicle in the wrong direction on busy interstate 395. It was late at night and the drunken driver had no headlights on. His vehicle smashed head on into the vehicle in which Elizabeth Durante was a passenger, killing her.

As so often happens, Daniel Musser, the operator of the other vehicle escaped the accident with no major injuries. He was arrested, however and charged with Manslaughter, a felony, violating the Vehicle and Traffic Law by operating on a highway in the wrong direction and driving under the influence.

Durante was majoring in psychology and pre-med and yet another superb life was taken by senseless acts of stupidity. Parents should stress to their children the importance of driving sober all the time.

You can read more about this tragic death at Drunk Driver Causes Death of Elizabeth Durante of New York.

By Stephanie F. Brown, Attorney and David Wolf, Attorney
Published by Child Injury Lawyer Network

The Georgia Bureau of Investigation (GBI) initiated a major child born bust in March 2009. The GBI arrested 18 adults and one fourteen year old boy in a porn bust that focused on computers and pornographic pictures and videos of children. The GBI seized 74 computers yesterday and expects more seizures and arrests today. The operation, known as Operation Shattered Innocence, began in December after software traced emails containing child pornography.

Criminal convictions could result in prison time of up to 20 years and fines of up to $100,000. The children depicted in the pornography ranged in age from toddlers through teenagers. The GBI sweep was statewide and revealed nude children in pornographic poses and children in sexual situations. For more on the GBI’s investigation go to Georgia Authorities Arrest 19 People in Child Pornography Bust.

By Anthony Ferguson, Attorney and David Wolf, Attorney
Published by Child Injury Lawyer Network

A two-year old Waterville, Maine boy suffered serious burns from a microwave oven fire at his home. It appears that the toddler placed nonmicrowaveable items such as a bottle of perfume and a metal fork into the microwave. A flash fire resulted when he started the microwave. The boy’s mother heard a pop and went downstairs to investigate. She found her son with clothing on fire. She patted the fire out. An ambulance transported the boy to Inland Hospital in Waterville. Once stabilized, he was flown to the Shriners Hospital for Children in Boston for further treatment of the personal injuries / burns suffered as a result of this fire.

You can read more about this story at Maine Toddler Suffered Burn Injuries from Microwave Fire.

This story shows the importance of child proofing the home and adult supervision of children. Household items like refrigerators, stoves, washing machines, dryers, and yes, microwaves pose hazards to children who do not understand or appreciate the associated dangers.

You can read more about the incident at Waterville Maine Child Suffers Burns and Personal Injuries From Microwave Fire.

By David Wolf, Attorney
Published by Child Injury Lawyer Network

A tragic airplane crash recently took place near the Butte Montana airport. The fatal plane crash involved a small single turboprop airplane that took a nose dive into a cemetery approximately 500 feet from the airport. It is a tragic end to the lives of the passengers including 7 children. The NTSB (National Transportation Safety Board) and other officials / agencies will investigate the cause of the accident to determine if pilot error was involved, the role of the weather, actions / inactions of air traffic control, the performance or malfunction of the airplane, the load of the airplane, and other factors.

It is believed that the passengers were heading for a ski trip. The Napa Valley Register reported that a family of five including three pre-school age children were among the passengers on the airplane

While the NTSB, the FAA (Federal Aviation Authority), and others government agencies will be involved in the investigation, the families of the victims would be well served in retaining a private personal injury attorney to review the investigation and also to conduct an independent investigation as to the cause of the crash and to what extent other persons and business entities / corporations are responsible for the crash.

It was reported that the airplane was a Pilatus PC-12 which is certified for 12 persons on board. Officials will undoubtedly evaluate the passenger load and seating to determine if the owner / operator of the plane was in compliance with these restrictions.

You can read more about this story at Tragic Plane Crash Takes the Lives of Passengers Including Small Children in Butte, Montana.

By Stephanie F. Brown and David Wolf, Attorney
Published by Child Injury Lawyer Network

In 2007, 35 Bluffton University baseball team players and their coaches were traveling on a bus to play in a game when their bus went off of an overpass in Atlanta, Georgia. Seven people were killed and 28 were injured. The bus went off of the overpass on an exit ramp where the Georgia Department of Transportation failed to install an important road sign at an HOV exit. The National Transportation Safety Board harshly criticized the Georgia DOT’s signs and found that the bus mistakenly turned into the exit lane.

Although a case of clear liability, Georgia law provides immunity to the State for civil actions except under those instances covered by the Georgia Tort Claims Act. The Georgia Tort Claims Act waives the state's sovereign immunity for certain torts committed by its officers and employees acting within the scope of their employment. By waiving sovereign immunity for certain acts, the Tort Claims Act makes the state liable in the same manner as a private individual or entity. This liability comes with a restriction, however.

Liability under the Georgia Tort Claims Act is limited to $1,000,000 per person and $3,000,000 per occurrence. In a case such as this accident, the maximum amount of recovery for all 35 killed and injured people is $3,000,000.

To read more about this settlement you can go to the Atlanta Journal Constitution Website at Bus Crash Victims in Georgia Will Have a Limited Right to Recovery for Damages Suffered in Bus Crash.

By Benjamin A. Klopman, Attorney and David Wolf, Attorney
Published by Child Injury Lawyer Network

In the February 2009, the flu has taken the young lives of two (2) teenagers from the State of Maryland. Although this flu season is not reportedly worse than others, infections are beginning to increase in Maryland and Virginia. March is expected to be the peak month.

Consequently, health officials all across the region are urging all those who haven’t received a flu shot to do so at this time.

Zachary Weiland died on February 22. His father, Kirk Weiland, family, friends, and the community are mourning his death. Zachary came home after playing basketball at his school - Mt. Airy Christian Academy. He had trouble breathing and was taken later to John Hopkins University Hospital in Baltimore, Maryland. Despite efforts by the doctors and staff, Zachary died.

Just a few days before Zachary's death, another Maryland teenager died from Influenza. Ian Willis was just 13 years old when he died. He attended Urbana Middle School in Frederick County, Maryland.

Ian Willis and Kirk Weiland put real faces and dangers of the flu / Influenza. While there are not that many reported deaths associated with Influenza, it is, nonetheless, a serious problem for families and children dealing with this illness.

You can read more about these deaths and danger of Influenza at Two Flu Stricken Maryland Teens Die.

By David Wolf, Attorney
Published by Child Injury Lawyer Network

Parents, teachers, caregivers, and day care and school administrators can better safeguard the living, play, and school space for children by installing important safety products like the Fingershield door hinge guard. This safety product is distributed through Fingershield Safety USA, a company based in St. Augustine (St. Johns County) Florida. I personally spoke to the CEO of the company, Geoff Moseley, a man committed to preventing finger and hand injuries to children. Mr. Moseley understands the dangers of unprotected door jams to small children. An important and inexpensive safety measure - the Fingershield door hinge guard - can help prevent these devastating and often times permanent disfiguring injuries. The Fingershield Safety USA web site even has video demonstrations showing the installation of the product.

The installation of the Fingershield door hinge guard by schools and day care centers will help show that the school / center is committed to the safety of children. Parents and caregivers should ask school administrators and owners about the door jam areas. What safety precautions have been put in place? Does the owner or administrator know about the Fingershield door hinge guard? If the owner or administrator knows about these safety products, why aren't the safety products in place? You can read more about the Fingershield door hinge guard at the Fingershield Safety USA Website.

By Jeremy Vishno, Attorney, and David Wolf, Attorney
Published by Child Injury Lawyer Network

Legislators / lawmakers in Connecticut have proposed increasing the minimum age to 18 for someone to handle an assault or machine gun style rifle or weapon. This proposed Connecticut assault weapon legislation is in direct response to the death of an 8 year old boy who shot himself with an Uzi at a gun fair in Westfield, Massachusetts last October w, while his father looked on. You can read about this most tragic story in a prior blog posts at Boy Accidentally Shoots Himself with an Uzi at Westfield, Massachusetts Gun Show - Legal Rights and Responsibilities

Any time that there is gun legislation there is a debate between gun right / 2nd amendment proponents and those who favor restrictions on gun use and ownership. Gun right proponents argue that laws restricting the ownership and use of guns only takes guns out of law abiding citizens. Criminals have possession of guns with or without the laws in place. Others argue that there should be restrictions since this will reduce the injuries and deaths caused by the intentional and accidental shooting incidents.

Gun safety should be paramount to those supervising children around guns. Whether the laws allow the ownership or use of a particular gun by a child, it is still the duty of the parent and caregiver to make sure that all safety precautions are followed when children are using or near guns.

By Jay Foster, Attorney and David Wolf, Attorney
Published by Child Injury Lawyer Network

In George County, Mississippi, a car accident injured two children, a 15-year-old and an 11-year-old. The wreck happened on Highway 198 which is near Mississippi Highway 63. Apparently, John Hood died in the accident while driving a Dodge Truck when he crossed the center line of the highway. The children were flown by helicopter to USA Medical Center in Mobile, Alabama. Hopefully, the children will recover from the automobile accident related personal injuries. Apparently, the impact from the automobile accident was quite severe in that it caused the driver to die and resulted in injuries that required the services of a medical helicopter. You can read more about this story at Children Injured in George County, Mississippi Automobile Accident.

By David Wolf, Attorney
Published by Child Injury Lawyer Network

In Arizona and other cities throughout the United States, household appliances can be very dangerous to small children. What seems like a fun play area to an infant, toddler, or child can prove to be very dangerous or even deadly. The household appliance known as the dryer is not a playground or toy for a child. Once inside, a child can sustain serious personal injuries including head injuries. Parents and caregivers should keep children out of the laundry room and certainly out of the appliances. Some family members thought it was cute when the 1 year old was in the dryer. Again, the dryer is not a toy. For more information on this story, go to Arizona Man Accused of Putting Child in Dryer.

There was even a recent incident in California where a child died as a result of suffering head injuries after he crawled into a washing machine and a sibling turned it on. You can read about this story at California Girl Dies After Crawling Into Front Loading Washing Machine.

By David Wolf, Attorney
Published by Child Injury Lawyer Network

An immigrant from Guatemala may be released in North Carolina within the next year or so due to his immigration status and lack of funds for treatment. When the man was 15 year old, he was convicted of raping his 5 year old cousin who was handicapped. It was truly a heinous crime committed by a teen who needed help. He needed treatment and intervention to try to prevent this from happening again. Since the juvenile justice system incarcerates juveniles in North Carolina until 19, there is a real risk that this criminal juvenile defendant could be released without any appreciable treatment. You can read more about this disturbing story at 18 Year Old Sex Offender May be Released in North Carolina Without Treatment.

By David Wolf, Attorney
Published by Child Injury Lawyer Network

Web Cams (Cameras) are quite popular. In fact, most Apple desktop computers and laptops have them built in. More and more, PC computers have built in web cams as well. You can use Web Cams to take photos and to have video chats with friends. Unfortunately, some technology savvy child predators and sex offenders have figured out a way to take over a Web Cam and activate the camera without the knowledge of the person owning or using the computer. The misuse of this technology results in illegal surveillance of children and adults alike. You can read more about this problem and the dangers of creeps lurking out there on the Internet to you and your children at Computer Hacker Spies on Teenage Girl with her own Web Cam.

By Benjamin A. Klopman, Attorney and David Wolf, Attorney
Published by Child Injury Lawyer Network

The Virginia legislature has struck down a bill that would have required health insurers to pay for the cost of therapy for autistic children. Similar legislation has been enacted in Maryland and the District of Columbia.

The legislative effort was the result of the national debate concerning the enormous increase in the diagnoses of autism among children. Two hundred (200) demonstrators went to Richmond, Virginia in January 2009 to show their support for this important legislation that would have afforded great financial relief to many Virginia families dealing with the enormous medical and therapy bills associated with Autism. Because of the failure of the legislation, however, some families are threatening to move from Virginia.

You can read more about this issue at Virginia Families Seeking Financial Relief with Costs of Care of Autistic Children.

By David Wolf, Attorney
Published by Child Injury Lawyer Network

A Virginia Beach couple was arrested for leaving two children, ages 6 and 4, home alone without any supervision or babysitters. Julie Hammock and Clinton Harris, both employed by the United States Navy, left their children alone in the home. The 6 year old boy's 1st grade teacher suspected that there was a problem at boy's home. Thereafter, school officials called the police. The couple claimed that they did not have the money / funds for day care.

There are dangers in leaving young children home alone without any supervision. Most homes are loaded with dangers which are not recognized by young children. Sharp objects, chemicals, flammable products, and many other things in the household can harm the children. Furthermore, children left alone are at danger for exploitation by others.

Fortunately, the children involved with the above story did not appear to be harmed and were later returned to the parents. Hopefully, the parents will better recognize their duties and responsibilities to supervise their children when the children are not in school and the parents are working.

You can read more about this story at Couple Arrested for Leaving Children Home Alone in Virginia Beach, Virginia

By David Wolf, Attorney
Published by Child Injury Lawyer Network

Children should respect their elders; however, no child should be physically harmed or beaten especially those under the age of 2. In Indianapolis, Indiana, Tayaun Chism (an 18 year old man) beat his girlfriend's 14 month old toddler - Lilliana Goodman. Why did Mr. Chism beat this child? He beat the child because she allegedly disrespected Mr. Chism. The alleged act of disrespect was that the child was not eating her food as directed. What is the punishment for not eating food as directed? Mr. Chism took a belt to her for more than 1 hour. These heinous acts of abuse put the child in critical condition. The child is being treated at St. Vincent's Hospital.

Mr. Chism should have checked his pride at the door and thought more about the best interest of the child. In addition, Mr. Chism should have recognized that the beating of the 14 month old was a crime. Mr. Chism was arrested on charges of
child abuse.

You can read more about this story at Indianapolis, Indiana Man Arrested for Child Abuse for Beating of Toddler Who Disrespected Him.

By David Wolf, Attorney
Published by Child Injury Lawyer Network

A day care center in Arkansas mistakenly and negligently served children windshield wiper fluid during snack time. Apparently, a day care center work had placed the blue windshield wiper fluid in the day care center's refrigerator. Thereafter, the windshield wiper fluid was mistaken for a fruit juice or Kool Aid type of drink and then served to the children. The children ranged in ages from 2 to 7 years old. Doctors and toxicologist estimate that the children drank approximately one ounce of the fluid before realizing that it tasted wrong. The children were evaluated and treated at Arkansas Children's Hospital. One child had to be admitted after blood samples showed elevated levels of methanol which is a highly toxic kind of alcohol that can cause serious personal injuries including death, coma, and blindness. The Arkansas Department of Human Resources will conduct an investigation into this incident.

Day care center operators big and small have a duty to safeguard all toxic chemicals and household products. Since children do not appreciate the dangers of these chemicals and household products, they should be kept away from children in a day center. Certainly, toxic chemicals like windshield wiper fluid should not be served at snack time as drinks for the children. The children and their parents can pursue a legal action against the day care owner for the damages caused by the ingestion of the windshield wiper fluid which would include medical bills (past and future) and mental pain and suffering. In addition to safeguarding toxic chemicals, day care centers should ensure that toxic chemicals are properly labeled so to avoid incidents like this one in the future. You can read more about this story at Arkansas Mistakenly Gives Children Car Fluid to Drink - Children Are Hospitalized.

By David Wolf, Attorney
Published by Child Injury Lawyer Network

Survivors First is a volunteer from that was formed in 2002 to inform and educate victims of priest sexual abuse their treatment / recovery options. Furthermore, the mission of this group is to keep kids safe. Parents and caregivers should be aware of prior incidents and convictions especially of abusing priests in their communities. Various resources of websites on child abuse incidents and prevention are posted at the Survivors First Website.

By David Wolf, Attorney
Published by Child Injury Lawyer Network

Bubble Boy disease is the term used to describe a medical condition called severe combined immunodeficiency, or SCID. It is a relatively rare disease in that forty to one hundred people are diagnosed with the disease per year in the United States. It is a genetic disorder that affects and compromises a person's immune system. Patients were give gene therapy and results indicate that eight of the patients were successfully treated according to a study reported in the New England Journal of Medicine. You can read more about this study which gives some hope to children and families dealing with this disease at Study - Gene Therapy Cures 8 Children with Bubble Boy Disease.

By Ryan E. Alekman, Attorney and David Wolf, Attorney
Published by Child Injury Lawyer Network

The Center for the Study of Traumatic encephalopathy (CSTE), at the Boston University School of Medicine is researching a type of brain damage called chronic traumatic encephalopathy (CTE). This type of brain injury is caused by concussions. Until recently, concussions were concerned invisible type of injuries that are associated with a jarring blow to the head that temporarily affects the senses. Occasionally, concussions lead to unconsciousness. Autopsies and studies have revealed the presence of CTE in former NFL players as well as even young players.

Many children dream of playing in the NFL. What is not seen on Sunday afternoon games is the lifelong injuries suffered by NFL, college, and even high school football players and athletes over a life time.

You can read more about the studies of CTE at Dead Athletes Autopsies Show Brain Damage from Concussions.

By David Wolf, Attorney
Published by Child Injury Lawyer Network

South Carolina day care / child care centers are regulated by the South Carolina Department of Social Services - Child Care Services. Pursuant to Regulation 114-502 - Procedures - Reporting of Incidents, the child care center has a duty to immediately report the following incidents to parents, guardians, or caregivers of a child enrolled in the child care center:

* accidents or injuries that required professional medical attention; and
* child and staff contraction of communicable diseases that the Department of Health, by its regulations, requires to be reported;

The child care facility must also inform the Department of Social Services in writing within 48 hours of the above events. In addition, the child care center has a duty to immediately report to the Department the following:

death of a child or staff member that occurs or takes place on premises
* a child who is missing from the child care center;
* a child who is left unattended in a vehicle operated by the child care center
* incidents in which the police or Fire Rescue were called to the child care center;
* reports of child abuse; and
* criminal convictions of the owner and / or other staff members of the child care center.

The Department of Social Services - Child Care Centers has some reporting problems for other types of incidents as well. You can read the regulation to review all of the reporting requirements for the child care center.

By David Wolf, Attorney
Published by Child Injury Lawyer Network

The South Carolina Department of Social Services - Child Care Services is the government agency that licenses Day Care / Child Care Centers in the State of South Carolina. Like many other States, South Carolina has licensing requirements that are based on the size, purpose, religious affiliation, and other factors. Regardless of the type of day care center / child care center, each facility and its owners have a duty to provide a safe and healthy environment for the children so as to prevent serious personal injuries while under their care and supervision. Child Care Services has a Child Care Center Locator on its web site that can assist parents and caregivers in researching and finding child care centers throughout South Carolina.

By David Wolf, Attorney
Published by Child Injury Lawyer Network

A government study reported that approximately 100 children died and 2000 were injured as a result of vehicle backover accidents in 2007. The study was released by the National Highway Traffic Safety Administration. The study was in response to a 2008 law that required the tracking of backover incidents, power window strangulations, and heat exposure injuries / deaths.

You can read more about this story and these statistics at Deaths and Injuries Resulting from Vehicle Backover Incidents.

It is important to gather data and statistics in order to determine the seriousness and frequency of these dangers to children. All drivers and parents should be aware of these statistics and safety measures to take to prevent one more child from being part of these troubling statistics.

By David Wolf, Attorney
Published by Child Injury Lawyer Network

In South Carolina, a dog owner is liable to a child or other injury victim of a dog bite that takes place in a public place or on the dog owner's property. Pursuant to Section 43-3-110 - Liability to Person Bitten or Otherwise Attached by Dog, Section - South Carolina Code of Laws, a dog owner is legally liable and responsible for the damages caused to the person bitten. Whether the dog bite / dog attack victim is a South Carolina child or adult, the injuries can be quite serious. Serious dog bites require surgery, antibiotic and wound care treatment, and leave permanent scarring. In some cases, infections can cause both short term and long term health complications for the dog bite victim. Some dog bite victims have required extended hospitalizations for infections that did not respond to anti-biotic treatment.

In light of the law and consequences of a dog bite, dog owners should take all necessary precautions to maintain control of his or her dog. If there is any concern about a danger to children or adults, arrangements should be made to either remove the dog from the property or in the alternative to secure the dog in a securely fenced area. Whether a dog has shown aggressive tendencies in the past or not, a dog owner is still liable for damages associated with the dog bite.

By Andrew Prine, Attorney and David Wolf, Attorney
Published by Child Injury Lawyer Network

In Michigan and other States, children are often times abused and neglected in child day care centers. When it comes to discipline, many Michigan child care providers use a fist or a belt rather than a calm voice and reason when dealing with children. Corporal punishment in child day care centers is prohibited pursuant to Rule 400.5107, Discipline, Licensing Rules for Michigan Child Care Centers. Punishment in the form of hitting, spanking, biting, pinching and other physical or corporal punishment type of acts are clearly prohibited under this rule. In addition, a child care center can not take away food as punishment or tie up or restrain a child. There are some exceptions to these general rules when the health and safety of the child or others are at risk. Michigan child care centers have a duty to refrain from these acts. If discipline is necessary at the child care center, the child care workers have a duty to promote self control, self direction, self esteem and cooperation rather than resorting to physical violence and corporal punishment.

By David Wolf, Attorney
Published by Child Injury Lawyer Network

In South Carolina, a dog owner has a duty and responsibility to maintain control of his or own dog. Pursuant to Section 47-3-50 - Allowing Dogs or Cats to Run at Large - Penalty - South Carolina Code of Laws, it is unlawful for illegal for a dog owner to allow his or own dog to run at large off the dog owner's property. This code provision makes the violation of this South Carolina law a misdemeanor. The code provision also requires cities and counties to adopt laws / ordinances consistent with this code provision.

This South Carolina law makes sense and, if followed, can help prevent a number of dog bite incidents and attacks from happening. Children often suffer personal injuries from a dog that is not on a leash or is otherwise allowed to roam free. It is important to maintain all dogs on leashes. This especially applies to dog breeds that often times cause serious injuries to children including but not limited to Pit Bulls, Chows, German Shepherds, and other breeds.

When a child is injured by a dog bite or attack, there are many legal issues that arise including those dealing with medical bills, medical treatment, insurance filing, wage loss, disfigurement, future care, pain, suffering, and mental anguish. Often times, it is helpful to have the advice, assistance, and representation from a South Carolina child injury lawyer on these legal matters.

By Andrew Prine, Attorney and David Wolf, Attorney
Published by Child Injury Lawyer Network

In Michigan, child day care centers have a duty to properly staff the facility and supervise the children. In order to promote adequate staffing of child day care centers, the Michigan Department of Human Resources promulgated rules and regulations that require child day care centers to have certain staff to children ratios in place for the safety and supervision of the children. Pursuant to Rule 400.5105 Supervision and Ratio Requirement, Michigan Licensing Rules for Child Care Centers, staffing ratio requirements are as follows:

Number / Age of Children------------------Staff Ratio Requirements
7 or more children over the age of 3--------- A minimum of 2 staff members
Children 3 Years of Age------------------- 1 Caregiver for every 10 children
Children 4 Years of Age------------------- 1 Caregiver for every 12 children

Ratio requirements vary for toddlers, infants, and mixed groups. While it is important to comply with the ratio requirements, it also important for staff members to be alert and attentive to the needs of every child. People employed by child day care centers in Michigan and other States have an important duty to protect and serve the children in the facility. When a staff member does anything less than his or her job, injuries frequently occur that could have otherwise been avoided or prevented.

By David Wolf, Attorney
Published by Child Injury Lawyer Network

What is a vehicle blind zone? What is a vehicle backover accident? Children in all States are at risk for injury or death from vehicle backover accidents. A vehicle blind zone is the area behind a vehicle that a person (the driver) cannot see from the driver's seat. The higher and larger the vehicle - the larger the blind zone.
A vehicle backover accident refers incidents where a person is run over by a vehicle in reverse.

Consumer Reports produced some informative videos on its web site at Blind Zones and Backover Accidents to illustrate the dangers of blind zones and vehicle backover accidents. Another organization (www.kidsandcars.org) has done a good job of educating and warning parents and others about the dangers of blind zones and backover accidents.

All drivers should make sure to survey the area behind their vehicles before getting in the car and before backing up. Children should be instructed and kept a safe distance from the vehicle. Drivers should back up slowly as well.

Drivers should take these basic safety precautions which can save a child's life and help avoid serious personal injuries to children.

By Andrew Prine, Attorney and David Wolf, Attorney
Published by Child Injury Lawyer Network

The Michigan Department of Human Resources licenses and regulations child day care centers. Children often suffer serious personal injuries and, in some instances, death as a result of negligence maintenance and / or supervision of children under the care of a Michigan child day care center. Pursuant to Rule 400.5111a, Michigan Licensing Rules for Child Care Centers, a child day care center has a duty to verbally report any serious injury or medical condition requiring emergency medical care at a hospital or health care facility. Thereafter, the Michigan child day care center has a duty to report the incident / persona injuries to the Department of Human Resources within 72 hours of the incident on a form approved by the Department of Human Resources.

Unfortunately, many of these reported incidents in Michigan child day care centers are preventable. Better maintained equipment and furnishings in the facility can help avoid or prevent injuries. Furthermore, supervision is vital to preventing injuries, or at least, reducing the number of serious personal injuries sustained by children in Michigan child day care centers.

By David Wolf, Attorney
Published by Child Injury Lawyer Network

Schools in Kansas and throughout the nation have school volunteers that assist teachers and administers with activities, lessons, special events, and field trips. A school generally benefits from the involvement of parents and school volunteers. Unfortunately, many of these volunteers use school grounds and the proximity to children as opportunities to molest, assault and sexually abuse children. Background checks of volunteers are important and can keep those who have been convicted of crimes out of the school. Unfortunately, there are a great number of child predators who have not been caughted, arrested, or convicted. Some just slip through the system. As such, it is also important for schools and concerned parents to be on the look out for child predators who slip into the school system as volunteers. I recently was sent a link by a parent of a child who was a victim of a school volunteer. The website - http://schoolvolunteerbackgroundcheck.blogspot.com - is dedicated to the protection of children in the school system. The site contained trial transcripts, statutory references, and newspaper articles focusing on the problems and crimes of volunteers in the school system.

By Andrew Prine, Attorney and David Wolf, Attorney
Published by Child Injury Lawyer Network

As parents, we all do our best to shield our children from dangers and indecent acts to the best of our ability. We can control, to some extent, what our children watch on television and where they go. Unfortunately, there are people out there in Michigan and elsewhere who do very strange things in public places. At times, children are exposed to such conduct. The criminal defendant was observed a a car wash and seemed to be up to suspicious activity. A Thomas Township, Michigan police officer parked near the area and then approached the criminal defendant on foot and caught the criminal defendant in the act of committing a sex time act with a car wash vacuum. You can read more about this story at Caught in Vacuum - Michigan Judge to Sentence Man for Indecent Exposure.

By David Wolf, Attorney
Published by Child Injury Lawyer Network

Evan Reynolds, who is now 19 years old, suffered a devastating injury in 2006. With his car window down, Evan was a passenger in an automobile that scraped a wooden post when exiting a parking lot. Evan's hand was amputated immediately. While Evan's dreams of joining the army in England went unfulfilled - he now has a bionic i-Lumb in place which a fully functional prosthetic arm which he can control by thinking and utilize of arm muscles remaining following the automobile accident and subsequent medical procedures / surgeries. You can read more about this story and see a photograph of Evan and his bionic arm at Teenager Who Lost Arm in Car Accident Learns to Use Bionic Arm.

By Andrew Prine, Attorney and David Wolf, Attorney
Published by Child Injury Lawyer Network

The Michigan Department of Human Resources licenses and regulations child day care centers. The facilities have a duty to follow and comply with the regulations. A parent or guardian of a child can file a grievance or complaint against a Michigan child day care center if the parent or guardian believes that the center is not complying with its obligations to follow the regulations which include proper supervision of the children in a safe environment. The Michigan Department of Human Resources publishes a Citizen's Guide to Filing a Complaint against a Licensed Child Care Provider. This is an administrative type of complaint. In other words, the filing of a complaint or grievance will result in an investigation by the Department of Human Resources which may result in sanctions, fines, or (in extreme cases) license suspension or revocation. The filing of this type of Complaint, however, is not a substitute to a civil lawsuit or a substitute for a Michigan child injury lawyer. Through a civil lawsuit or claim and a Michigan child injury lawyer, a parent or guardian can pursue a case for compensation against the day care center / child care center for medical bills (past and future), pain and suffering, and loss of enjoyment of life caused as a result of personal injuries sustained at the facility. If there are any concerns or questions when a child is injured at a Michigan day center center, contact a Michigan child injury lawyer for advice, consultation, and representation. Injury cases caused by negligence are handled on a contingency basis (i.e. no recovery - no fee).

By Stephanie F. Brown and David Wolf, Attorney
Published by Child Injury Lawyer Network

An audit of Georgia’s mental health care services for children by the Georgia Department of Audits and Accounts found several deficiencies in the state’s system for tracking services to uninsured children and Medicaid eligible children. The audit examined the Georgia Department of Human Resources which is responsible for the state’s public mental health system. The report found that the Department of Human Resources lacks a systematic process for determining the most critical needs of children for mental health services. The report also indicated that the Department of Human Resources reported a decrease in children showing improved functioning through mental health care between 2006 and 2008. To read more about this audit see Audit Cites Flaws in Georgia's Mental Health System for Children.

By Andrew Prine, Attorney and David Wolf, Attorney
Published by Child Injury Lawyer Network

The Michigan Department of Human Resources regulates child day care centers and homes. When considering or re-evaluating a child day care center,it is important for parents and caregivers to obtain licensing information regarding the child day care center. The Michigan Department of Human Resources has a helpful website that allows parents and caregivers to obtain information on child day care centers Statewide throughout the State of Michigan. Parents and caregivers need to be proactive when selecting a child day care center. In addition, once a child is enrolled and attending a child day care center, it is important for the parents and caregivers to periodically check with the Department of Human Resources to make sure that the license is in good standing and that no serious violations of the regulations are taking place at the facility. Unfortunately, many licensed child day care centers in Michigan fail to follow and comply with the regulations. Even ones that do often times fail to properly supervise the child in the facility or fail to provide a safe environment for the children. As a result, children suffer preventable personal injuries in Michigan child day care centers. When this happens, it is helpful to consult with a Michigan child injury lawyer to review the injured child's rights and applicable laws.

By Benjamin A. Klopman, Attorney and David Wolf, Attorney
Published by Child Injury Lawyer Network

In Washington D.C. and other areas, infant deaths from accidental strangulation and suffocation rose over a twenty year period between 1984 and 2004. These deaths resulted from a parent, adult or another child accidentally strangulating or suffocating the infant while sleeping in the same bed or area with the infant. Some families have the infant in bed because there are no other beds in the home for the infant or parent. Others do it out of habit, culture or tradition. Whatever the reason, many infants are the unfortunate victims of strangulation and suffocation incidents that can be easily avoided. You can read more about this study at Suffocation / Strangulation Deaths on the Rise According to Medical Study.

The rise in deaths have taken place in major metropolitan areas like Washington, D.C. According to the study, the risk for these accidental strangulation / suffocation deaths is highest in African American communities. Rachel Moon of the Children's National Medical Center serves as a spokesperson for the American Academy of Pediatrics. Moon states that these deaths have been on the rise and parents and others should be "worried" about the trend and statistics.